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Republic of the Philippines

G.R. No. 200030 April 18, 2012
NELSON BAYOT y SATINA, Accused-Appellant.
This is an appeal from the Decision
dated 9 May 2006 of the Court of Appeals in CA-G.R. CEB-CR-H.C.
No. 00269 affirming with modification the Decision
dated 31 July 2000 of the Regional Trial Court (RTC)
of Kabankalan City, Negros Occidental, 6th Judicial Region, Branch 61, in Criminal Case No. 98-2025,
finding herein appellant Nelson Bayot y Satina (appellant) guilty beyond reasonable doubt of the crime of
rape, committed against AAA,
thus, sentencing him to suffer the penalty of reclusion perpetua. The
appellate court increased the award of indemnity from P40,000.00 to P50,000.00. It also ordered
appellant to pay AAA moral damages in the amount of P50,000.00.
Appellant Nelson Bayot y Satina was charged with Rape in an Information
dated 29 December 1997,
which reads as follows:
That on or about the 17th day of September, 1997, in the Municipality of XXX, Province of XXX,
Philippines, and within the jurisdiction of this Honorable Court, the above-named [appellant], by means of
force, violence and intimidation, did then and there, willfully, unlawfully and feloniously have carnal
knowledge of and/or sexual intercourse with the [AAA], 44 years old, against her will.

On arraignment, appellant pleaded NOT GUILTY to the crime charged. Trial on the merits ensued
In its 31 July 2000 Decision, the RTC convicted appellant of the crime of rape and sentenced him to
suffer the penalty of reclusion perpetua and to pay AAA the amount of P40,000.00 as indemnity with
costs. In convicting appellant, the RTC ratiocinated that AAAs testimony as regards her ordeal was
simple and straightforward, unshaken by a rigid cross-examination. There appeared to be no
inconsistency in her testimony. Further, AAAs declaration that she was raped by appellant was
corroborated by a medical certificate showing contusion on her vagina at 6:00 oclock quadrant of the
crevice, which was explained by Dr. Rodrigo Cubid to have been caused by forceful vaginal intrusion. The
RTC negates the "sweet heart" defense offered by appellant. It stated that appellants claim of being
AAAs lover was a mere devise to extricate himself from the consequence of his dastardly lust. AAAs
immediate response of reporting the rape incident carries the stamp of truth. Moreover, if, indeed, there
was such relationship between appellant and AAA, the latter would not have pursued this case. It bears
stressing that despite appellants repeated plea for the dismissal of the case, AAA remained steadfast in
seeking justice for the violation of her womanhood.

Aggrieved, appellant appealed the aforesaid RTC Decision to this Court by filing a Notice of Appeal dated
6 September 2000.
In light, however, of this Courts pronouncement in People v. Mateo,
the case was
transferred to the Court of Appeals for intermediate review per Resolution
dated 4 October 2004.
In a Decision dated 9 May 2006, the Court of Appeals affirmed appellants conviction with the modification
increasing the award of indemnity from P40,000.00 to P50,000.00. It likewise awarded moral damages in
favor of AAA in the amount of P50,000.00. The Court of Appeals aptly observed that the prosecution was
able to prove beyond reasonable doubt that appellant committed the crime of rape against AAA. It further
held that other than the self-serving declaration of appellant that he and AAA were sweethearts; no other
evidence was ever presented to substantiate such claim. Even the testimony of appellants daughter, who
claimed that her father and AAA are maintaining an illicit relationship, could not be given any considerable
weight. Aside from the fact that appellants daughter could not point to any other circumstance supporting
her claim, except for one incident when she allegedly saw her father and AAA holding hands during a
dance at their barangay fiesta, her testimony could not be stripped of bias and partiality considering that
she is the daughter of appellant. In the same way, her testimony that she saw her father and AAA in the
act of sexual intercourse deserves scant consideration as she was not present at the time of the
commencement of the said act. She could not, therefore, be in a position to state with certainty that there
was no struggle on the part of AAA. Hence, her testimony regarding such matter is a mere conclusion of

However, in a letter dated 29 May 2006,
Dr. Juanito S. Leopando, Penal Superintendent IV of the New
Bilibid Prison, informed the Court of Appeals that appellant died at the New Bilibid Prison Hospital on 4
December 2004. Attached in his letter is the original copy of appellants Certificate of Death.

Nonetheless, the Public Attorneys Office still appealed, on behalf of appellant, the aforesaid Court of
Appeals Decision to this Court via a Notice of Appeal
dated 31 May 2006, which was given due course
by the Court of Appeals per Resolution
dated 19 January 2007. The Court of Appeals also directed the
Chief of the Judicial Records Division to forward the entire records of the case to this Court.
Taking into consideration appellants death, this Court will now determine its effect to this present appeal.
Appellants death on 4 December 2004, during the pendency of his appeal before the Court of Appeals,
extinguished not only his criminal liability for the crime of rape committed against AAA, but also his civil
liability solely arising from or based on said crime.

Article 89(1) of the Revised Penal Code, as amended, specifically provides the effect of death of the
accused on his criminal, as well as civil, liability. It reads thus:
Art. 89. How criminal liability is totally extinguished. Criminal liability is totally extinguished:
1. By death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is
extinguished only when the death of the offender occurs before final judgment; [Emphasis supplied].
Applying the foregoing provision, this Court, in People v. Bayotas,
which was cited in a catena of
had laid down the following guidelines:
1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well
as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death
of the accused prior to final judgment terminates his criminal liability and only the civil liability
directly arising from and based solely on the offense committed, i.e., civil liability ex
delicto in senso strictiore."
2. Corollarily, the claim for civil liability survives notwithstanding the death of [the] accused, if the
same may also be predicated on a source of obligation other than delict. Article 1157 of the Civil
Code enumerates these other sources of obligation from which the civil liability may arise as a
result of the same act or omission:
a) Law
b) Contracts
c) Quasi-contracts
d) x x x x x x x x x
e) Quasi-delicts
3. Where the civil liability survives, as explained in Number 2 above, an action for recovery
therefor may be pursued but only by way of filing a separate civil action and subject to Section 1,
Rule 111 of the 1985 Rules on Criminal Procedure as amended. This separate civil action may be
enforced either against the executor/administrator or the estate of the accused, depending on the
source of obligation upon which the same is based as explained above.
4. Finally, the private offended party need not fear a forfeiture of his right to file this separate civil
action by prescription, in cases where during the prosecution of the criminal action and prior to its
extinction, the private-offended party instituted together therewith the civil action. In such case,
the statute of limitations on the civil liability is deemed interrupted during the pendency of the
criminal case, conformably with [the] provisions of Article 1155 of the Civil Code, that should
thereby avoid any apprehension on a possible privation of right by prescription.

From the foregoing, it is clear that the death of the accused pending appeal of his conviction extinguishes
his criminal liability, as well as the civil liability ex delicto. The rationale, therefore, is that the criminal
action is extinguished inasmuch as there is no longer a defendant to stand as the accused, the civil action
instituted therein for recovery of civil liability ex delicto is ipso facto extinguished, grounded as it is on the
criminal case.

Evidently, as this Court has pronounced in People v. Olaco and People v. Paniterce,
it is already
unnecessary to rule on appellants appeal. Appellants appeal was still pending and no final judgment had
been rendered against him at the time of his death. Thus, whether or not appellant was guilty of the crime
charged had become irrelevant because even assuming that appellant did incur criminal liability and civil
liability ex delicto, these were totally extinguished by his death, following the provisions of Article 89(1) of
the Revised Penal Code and this Courts ruling in People v. Bayotas.
In the same breath, the appealed Decision dated 9 May 2006 of the Court of Appeals in CA-G.R. CEB-
CR-H.C. No. 00269 finding appellant guilty of the crime of rape, sentencing him to reclusion perpetua,
and ordering him to pay AAA P50,000.00 as indemnity and P50,000.00 as moral damages had become
WHEREFORE, in view of the death of appellant Nelson Bayot y Satina, the Decision dated 9 May 2006 of
the Court of Appeals in CA-G.R. CEB-CR-H.C. No. 00269 is SET ASIDE and Criminal Case No. 98-2025
before the RTC of Kabankalan City, Negros Occidental, is DISMISSED. Costs de oficio.